BOVING FOURESS LTD Vs. STATE OF ARUNCHAL PRADESH

JUDGEMENT

(1.) By this application under Article 226 of the Constitution the petitioners Boving Fouress Ltd and a Director thereof have prayed for issuing an appropriate writ directing the respondent State of Arunachal Pradesh to pay to the petitioner company an amount of Rs.933.50 lacs in respect of works executed and supplies made in three Micro Hydel [Projects in Arunachal Pradesh.

(2.) I have heard at length Mr Bharatji Agarwal, learned Sr. Counsel for the [petitioners assisted by Mr Dhrub Agarwal and [Mr M.K. Choudhury, learned counsel for the [petitioners as well as Mr P. Chidambaram, [learned Sr. counsel assisted by Mr S. Sarma ;and Mr A. Choudhury, learned counsel for [the respondents. I have also carefully considered the records of the case and the volumnious documents produced by the parties.

(3.) The brief facts not in dispute are that on 28.1.93 the Department of Power, Govt. of Arunachal Pradesh, invited tenders for execution of three Micro Hydel Projects at Sirnyuk, Domkhrong and Kush in Arunachal Pradesh. All the three contracts were awarded to the petitioner company being the lowest bidder vide three separate agreements, all dated 29.10.93, between the petitioner company and the Govt. of Arunachal Pradesh for turnkey execution of the respective projects. The petitioner company completed the construction, erection and commissioning of the units 1 and 2 of the Sirnyuk Project in October, 1996 and October, 1997 respectively.